[Oborro]

This goes out for those of you who know a lot more about renting an apartment than I (which will be most of you):

Our apartment is on a 6 month lease (has been for the last 2.5 years), our lease is up for renewal on June 1.

When asked when we could renew our lease, we were told not to worry (that was on friday) but today the owner of the apartment stopped by (it was announced in writing so thats not an issue) to view the apartment to see if it was suitable for his daughter to move in...

Assuming we get notice of end of periodic tenancy, are we entitled to 3 months moving time? (cuz we had no reason to believe our lease would not be renewed as it has been in the past)

I hope I provided sufficient info, feel free to ask for any info you need if I didnt...

[CMD UW]

I believe the landlord is obligated to provide you, the tenant, 30 days to advise that they are either renewing OR not renewing the lease at the end of the term.

They can't just say June 1st, by the way, you're out.

[Oborro]

So 30 days (not 90) if we're given notice prior to the 1st?

[Oborro]

(sorry if it's common knowlege.... but it doesnt say on our lease agreement how long we have at the end of lease to move out and I don't know enough on how things work to make sense of http://www.servicealberta.gov.ab.ca/pdf/tipsheets/RTATipsheet.pdf)

[YYCguys]

Please don't quote me on this. This is just how I'm interepreting the Act. I do believe that the tenant gives the landlord one month's notice that they are not renewing the lease, but the landlord must give the tenant ninety days notice for an eviction due to a relative moving in. So it seems to me that if he wanted you out by June 1 he had to tell you by March 1.

On a side note, it's a shame that there are no checks and balances in the legal system to identify if the landlord is actually moving his daughter into the suite of if he is just saying that to get through the loophole and is really going to put someone else in a higher rent.

[Bassic Lab]

Please don't quote me on this. This is just how I'm interepreting the Act. I do believe that the tenant gives the landlord one month's notice that they are not renewing the lease, but the landlord must give the tenant ninety days notice for an eviction due to a relative moving in. So it seems to me that if he wanted you out by June 1 he had to tell you by March 1.

On a side note, it's a shame that there are no checks and balances in the legal system to identify if the landlord is actually moving his daughter into the suite of if he is just saying that to get through the loophole and is really going to put someone else in a higher rent.

I can't imagine that being much of a problem at all, if a landlord wants to replace you with some one who will pay higher rents they can just charge you higher rents until leave (so long as a lease has not been signed, in which case they can't move you out for a family member any way). It might be used an excuse to get rid of the odd problem tenant, but it isn't like that is very hard in this province any way.

[bigcanuck]

I think it also depends on the type of lease. Some leases have a term date (like a mortgage) and there's no obligation for either party to renew nor give notice. Other mortgages have an expiry date but there is an obligation for both parties to give notice (not sure of the dates though).

I believe the Provincial Government has a landlords and tenants arbitration group that is available to answer questions.

[You Need A Thneed]

The Landlord must always give at least 90 days notice. According to the law here in Alberta, the last day the landlord can give notice to have you out by June 1 is March 1. If you get the notice on March 2, the earliest the notice can be for is July 1. (this I know for sure, I just looked it up recently for myself)

If I remember correctly, for people on a lease, the notice must be at least the length of the lease.

Service Alberta Website for Landlords and Tenants. (http://www.servicealberta.ca/index.cfm?fuseaction=section:landlords)

The Actual Residential Tenancies Act in Alberta (http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm)

Being that you have a lease, the rules for "fixed term tenancy" apply to you.

Voluntary Code of Practice as written by the Government. (http://www.servicealberta.ca/consumer/vcop/index.cfm?fuseaction=toc)

This may be what you are looking for (from the voluntary code of practice):

Fixed term tenancy

A fixed term tenancy ends on the date specified in the residential tenancy agreement. No notice has to be given by the landlord or tenant to end a fixed term tenancy. It is courteous for the tenant and the landlord to provide the other party with a notice prior to moving out. No time frame is required for such a courtesy notice.

At the end of the fixed term the landlord and tenant may both want to continue the tenancy. At this time they can negotiate a new residential tenancy agreement that could include a change in the rent amount and the conditions of the tenancy. This agreement can be a new fixed term or changed to a periodic tenancy.

If the parties do not notify each other of their intention to continue or terminate the tenancy, difficulties may arise. For example, the landlord may be expecting the tenant to leave at the end of the fixed term and may have plans for the premises.

If the tenant continues to live in the premises after the fixed term agreement expires, continues to pay rent, but does not sign a new residential tenancy agreement; the tenancy becomes a periodic tenancy. Once this occurs, the tenant is required to give the landlord proper notice to terminate the tenancy.

[Lady Willi]

Okay. I just spent a week or two pouring over the RTA to figure out how the new changes by Bill 34 are going to affect it and here is how I interpreted it:

Everything in the RTA that surrounds termination of tenancy is related to periodic tenancies (month-to-month). Except for the following:

It says in Part 2, section 15, "Notwithstanding any agreement to the contrary, notice to terminate is not required in order to terminate a fixed term tenancy."

In other words, unless it is written otherwise in your lease agreement with the landlord, they can just simply not renew your lease without giving you advanced notice. Most leases have something in writing that says they have to give you notice at least 30 days prior to the end of your lease, so I would read it very, very carefully.

I actually called the Landlord Tenancy Branch to clarify this point, and was told that I was indeed reading it correctly.

Hope this helps! Good luck!

[DizzyEdge]

From the Residential Tenancies Act:

Notice to terminate not required
15 Notwithstanding any agreement to the contrary, notice to terminate is not required in order to terminate a fixed term tenancy.

Notice to terminate monthly tenancy
8(1) A notice to terminate a monthly tenancy must be served

(a) by a tenant on the tenant’s landlord, on or before the first day of a tenancy month to be effective on the last day of that tenancy month, or

(b) by a landlord on the landlord’s tenant, on or before the first day of a notice period to be effective on the last day of the notice period.

(2) In this section and section 10(2)(b), “notice period” means a period of 3 consecutive tenancy months.

As has been mentioned check your lease as it may have specified something else.